'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors
2 years, 11 months ago

'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors

Live Law  

The Karnataka High Court has suggested that medical professionals should be protected from legal action just like public servants are protected against bonafide errors in their action. The court said "Compensation culture'' which obtains in other jurisdictions is gradually gaining entry to the field of medical services in our society affecting a healthy relationship of doctor & patient. Following which it suggested, "If the public servants can be legally protected for the bonafide errors in their action, there is no reason to extend for not extending such a protection to the medical professionals." However, the medical records including the impugned order prima facie show that the cause of death is the serious bacterial infection later contracted, there is huge time gap between accomplishment of angioplasty by the petitioner and the demise of the patient; there is nothing on record to show that the alleged deficiency in professional service accelerated the process of health deterioration that eventually resulted into her death."

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History of this topic

Forum orders Vasavi Hospital, two doctors to pay Rs 10 lakh for negligence
3 weeks, 4 days ago

Forum orders Vasavi Hospital, two doctors to pay Rs 10 lakh for negligence

New Indian Express  

HYDERABAD: The District Consumer Disputes Redressal Commission-II, Hyderabad, has directed Vasavi Medical & Research Centre, Lakdikapul and two doctors to jointly pay Rs 10 lakh compensation for negligence in treating the complainant’s mother, who died of cardiac arrest. After performing an angiogram, the doctors informed Rajesh that his mother had two blockages in the heart and advised insertion of stents. …

SC Rejects Medical Negligence Claim: Focus on Clear Deviation from Accepted Medical Practices
1 month, 3 weeks ago

SC Rejects Medical Negligence Claim: Focus on Clear Deviation from Accepted Medical Practices

Hindustan Times  

The Supreme Court has reaffirmed that medical professionals cannot be held liable for negligence solely because a surgery or treatment does not produce the expected results. The court stressed that complications, even unexpected ones, do not necessarily imply that a doctor has failed to perform their duties with due diligence and skill. The case in question revolved around a complaint …

Medical Negligence: MP High Court Quashes Prosecution Against Doctor Over Leg Amputation Citing Absence Of Expert Committee Report
9 months, 1 week ago

Medical Negligence: MP High Court Quashes Prosecution Against Doctor Over Leg Amputation Citing Absence Of Expert Committee Report

Live Law  

Madhya Pradesh High Court has iterated that no prosecution can be launched against a doctor accused of medical negligence without the report of an expert committee as contemplated in Jacob Mathew v. State of Punjab & Anr.. The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the complainant did not approach a committee of experts to prove the medical …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 4 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Doctors to be exempted from prosecution for medical negligence: Home Minister
1 year ago

Doctors to be exempted from prosecution for medical negligence: Home Minister

India Today  

The central government will bring an amendment to the criminal law in the future to exempt doctors from criminal prosecution in cases of medical negligence, Union Home Minister Amit Shah told Lok Sabha on Wednesday. Hence, I will bring an official amendment now to free the doctors from this criminal negligence,” the Home Minister said as he introduced three new …

Withholding Patient's Medical Information Will Amount To Professional Misconduct: Madras High Court
1 year, 4 months ago

Withholding Patient's Medical Information Will Amount To Professional Misconduct: Madras High Court

Live Law  

The Madras High Court has recently noted that a hospital's failure to provide information pertaining to the treatment given to a patient would amount to professional misconduct and would result in tortious liability as it infringes the patient's right. Calling for digital maintenance of records, Justice GR Swaminathan of the Madurai bench also noted that a patient's right to get …

Karnataka High Court Quashes Medical Negligence Complaint In Absence Of Expert Opinion
1 year, 5 months ago

Karnataka High Court Quashes Medical Negligence Complaint In Absence Of Expert Opinion

Live Law  

The Karnataka High Court recently quashed a medical negligence case registered against three doctors as the police failed to support the charge by obtaining an expert's opinion. A single judge bench of Justice Sachin Shankar Magadum allowed the quashing petition observing, “If the Medical Council of India while entertaining the appeal has concluded that there is no medical negligence, I …

Kerala High Court flays police for not preventing murder of doctor
1 year, 7 months ago

Kerala High Court flays police for not preventing murder of doctor

The Hindu  

Slamming the police for their failure to anticipate and prevent the attack and the gruesome murder of house surgeon Vandana Das at the Kottarakara taluk hospital, a Division Bench of the Kerala High Court on Wednesday directed the State Police Chief to appear before it online on May 11 and file a report on the incident. The court pointed out …

Can't Allow Protest Petition When Finding Of Expert Committee In Medical Negligence Case Is In Favour Of Doctor: Jharkhand High Court
1 year, 8 months ago

Can't Allow Protest Petition When Finding Of Expert Committee In Medical Negligence Case Is In Favour Of Doctor: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that proceeding further on a protest petition when the finding of the expert committee constituted in a medical negligence case is in favour of the doctor, amounts to abuse of process of law. The court passed the above order in a criminal miscellaneous petition that was filed to quash the entire criminal proceeding, including …

Guidelines on medical negligence under consideration, says Union Health Ministry
1 year, 9 months ago

Guidelines on medical negligence under consideration, says Union Health Ministry

The Hindu  

The Union Ministry of Health and Family Welfare has taken up for consideration the healthcare sector’s long-standing demand to frame guidelines for determining medical negligence cases, a reply to a Right to Information query revealed. Mr. Gupta, who is also the Central Public Information Officer, gave a written response to PTI when asked to provide information on “if the Union …

Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court
1 year, 10 months ago

Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court

Live Law  

The Kerala High court on Thursday observed that a mere deviation from normal professional practice or an accident or untoward incident is not enough to prove medical negligence. The doctors, gynaecologist and nurses involved in the incident were booked for medical negligence and convicted, following which the criminal appeal was filed before the High Court. There must be sufficient evidence …

Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court
1 year, 11 months ago

Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court

Live Law  

The Madras High Court has held that whenever loss to the State Exchequer is caused due to the negligent acts of public servants, such financial loss should be recovered from them. Justice SM Subramaniam was hearing a civil revision petition filed by the Dean of the Government Medical College Hospital, Thiruvarur and District Collector, Thiruvarur to set aside the attachment …

Every Death In Hospital Does Not Amount To Medical Negligence : Supreme Court
2 years, 3 months ago

Every Death In Hospital Does Not Amount To Medical Negligence : Supreme Court

Live Law  

The Supreme Court recently upheld an order passed by the National Consumer Dispute Redressal Commission observing that, "every death in an institutionalized environment of a hospital does not necessarily amount to medical negligence on a hypothetical assumption of lack of due medical care." B. Pardiwala was hearing a civil appeal assailing a judgment and order passed by the NCDRC by …

MCI Findings Regarding Doctors' Professional Conduct Have Great Relevance In Medical Negligence Compensation Claims: Supreme Court
2 years, 7 months ago

MCI Findings Regarding Doctors' Professional Conduct Have Great Relevance In Medical Negligence Compensation Claims: Supreme Court

Live Law  

The Supreme Court observed that the findings of the report of Medical Council Of India on professional conduct of doctors are relevant while considering medical negligence compensation claims.The bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha also observed that in the proceedings for damages due to professional negligence, the question of intention does not arise.In. The Supreme …

Doctors dismayed over physician ending life in Rajasthan
2 years, 8 months ago

Doctors dismayed over physician ending life in Rajasthan

The Hindu  

Doctors under the banner of the district unit of Indian Medical Association in Yadgir has expressed deep dismay over an incident in which a physician ended her life after a case of murder due to medical negligence was registered against her in Rajasthan recently. The doctors said that the situation that was created by the law enforcing authorities led the …

Doctor can’t be held guilty of negligence just because a patient died: Supreme Court
3 years ago

Doctor can’t be held guilty of negligence just because a patient died: Supreme Court

Hindustan Times  

No doctor can assure life to his patient but can only attempt to treat everyone to the best of his or her abilities, said the Supreme Court on Tuesday, as it underscored that a doctor cannot be held guilty of medical negligence just because a patient has not survived. The bench added: “In spite of the treatment, if the patient …

General Presumption Of Medical Negligence Can't Be Made About COVID Deaths : Supreme Court
3 years, 3 months ago

General Presumption Of Medical Negligence Can't Be Made About COVID Deaths : Supreme Court

Live Law  

The Supreme Court on Wednesday said orally that it cannot presume that all deaths that happened due to COVID-19 in the second wave were due to medical negligence.Saying so, it refused to entertain a writ petition filed by Deepak Raj Singh seeking compensation for families of Covid victims who died due to lack of oxygen & essential healthcare facilities saying …

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court
3 years, 3 months ago

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court

Live Law  

The Supreme Court observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies during surgery.To indicate negligence, the bench of Justices Hemant Gupta and AS Bopanna said, there should be material available on record or else appropriate medical evidence should be tendered. The Supreme Court observed that a medical professional …

Karnataka High Court Seeks Report On Steps Taken For Prevention Of Violence Against Medical Professionals
3 years, 4 months ago

Karnataka High Court Seeks Report On Steps Taken For Prevention Of Violence Against Medical Professionals

Live Law  

The Karnataka High Court on Thursday directed the State government to place on record steps taken for protection of medical practitioners from acts of violence by dissatisfied relatives of patients. A division bench of Chief Justice Abhay Oka and Justice NS Sanjay Gowda issued notice to the Union of India and the State Government while hearing a petition filed by …

HC Suggests Maha Consider Forming Cell of Well-trained Cops to Deal with Complaints of Medical Negligence
3 years, 6 months ago

HC Suggests Maha Consider Forming Cell of Well-trained Cops to Deal with Complaints of Medical Negligence

News 18  

The Bombay High Court on Friday suggested that the Maharashtra government consider creating a special cell of well-trained police officers to deal with registering FIRs against doctors over complaints of medical negligence. A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni also said the state must make police officers aware of the existing law and Supreme Court …

State Has To Compensate Unforeseen Death Or Injury In Govt Hospital Even If There Is No Medical Negligence : Madras High Court
3 years, 9 months ago

State Has To Compensate Unforeseen Death Or Injury In Govt Hospital Even If There Is No Medical Negligence : Madras High Court

Live Law  

The Madras High Court has directed the State of Tamil Nadu to provide a compensation of Rs. 5 lacs to a Dalit Petitioner whose daughter had died as a result of complications that arose after administration of anesthesia in a government hospital FACTS OF THE CASE In the instant case, the Petitioner's daughter, aged 8, was suffering from tonsils and …

Bombay HC Seeks Details From State About 11 Deaths That Allegedly Occurred Due To Culpable Negligence Of Hospitals [Read Order]
4 years, 2 months ago

Bombay HC Seeks Details From State About 11 Deaths That Allegedly Occurred Due To Culpable Negligence Of Hospitals [Read Order]

Live Law  

The Bombay High Court on Monday directed the State government to file an affidavit providing details of deaths that occured due to alleged mismanagement of dead bodies in State run and Municipal hospitals. However, until final directions are passed in the present case, the bench noted that the State may, in addition to the guidelines issued by the Ministry of …

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